RESOLUTION NO. ____
A RESOLUTION AUTHORIZING A SPECIAL COMMERCIAL EVENT LICENSE
AGREEMENT BETWEEN THE VILLAGE
OF DOWNERS GROVE AND THE ROTARY CLUB OF DOWNERS GROVE
FOR THE 2009 ROTARY CLUB OKTOBERFEST
WHEREAS, application has been made to conduct a special event known as the Rotary Club of
Downers Grove Oktoberfest; and
WHEREAS, a portion of this special event will be conducted on public property commonly
known as the Forest Lot South located at the southeast corner of Forest and Burlington Avenues; and
WHEREAS, application has been made for a license agreement to permit the conduct of the
Rotary Club of Downers Grove Oktoberfest on a portion of the parcels subject to conditions and
restrictions as imposed by the Village Council.
NOW, THEREFORE BE IT RESOLVED, by the Village Council of the Village of Downers
Grove as follows:
SECTION 1. That the license agreement between the Village of Downers Grove and Rotary
Club of Downers Grove for the Oktoberfest be and is hereby approved.
SECTION 2. That the Village Manager and staff are authorized to execute the license agreement
and to take such actions as may be necessary to carry out the terms thereof.
SPECIAL COMMERCIAL EVENT LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into this _______ day of __________, 2009, by and
between the Village of Downers Grove (the “Licensor”) and the Rotary Club of Downers Grove (the
WHEREAS, Licensee has made application to the Village to conduct a Special Commercial
Event as permitted under Section 19-50 of the Downers Grove Municipal Code; and,
WHEREAS, Licensor has reviewed said application and has agreed to authorize the Special
Commercial Event subject to the provisions of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants, conditions and agreements
herein set forth, and other good and valuable consideration, the parties hereto agree as follows:
1. The provisions of the preamble are hereby incorporated into and made a part of this Agreement.
2. The following documents are hereby incorporated into and made a part of this Agreement:
a. Exhibit A - Licensee application.
b. Exhibit B - Site plan of Special Commercial Event.
c. Exhibit C - Operation Plan of Special Commercial Event.
3. Licensor hereby grants unto Licensee a revocable Special Commercial Event license subject to
the following restrictions:
3.1. The Special Commercial Event shall comply with the Site Plan and Operation Plan.
3.2. The Special Commercial Event shall comply with the provisions of the Downers Grove
Municipal Code, including but not limited to, Section 19-50, or such successor provision
as now or hereafter amended related to Special Commercial Events.
3.3. The Special Commercial Event shall be established and operated in a safe and reasonable
manner with due regard for the health and safety of persons and property. In no event
shall the Special Commercial Event obstruct vehicular or pedestrian traffic in an unsafe
or unreasonable manner.
3.4. The Special Commercial Event shall be established and operated in a clean, well
maintained and sanitary manner. In particular, but without limitation, the licensee shall
promptly and properly collect and dispose of all litter, trash and other waste materials
associated with the Special Commercial Event, including materials in the adjacent public
right of way originating from the special Commercial event. The Village shall have the
right to remove or cause the removal of any debris, and otherwise maintain the public
property of the Special Commercial Event, in the event the licensee fails to promptly and
properly clean and maintain such area. In such event, the licensee shall promptly
reimburse the Village in taking such action.
3.5. The applicant shall provide the Village with a security deposit, in the amount of
$1,000.00 to guarantee prompt and proper removal of any structure(s) and/or clean-up of
the area. The security deposit shall be held throughout the term of the license and such
other period of time during which Licensee operates or is engaged in the removal of any
facilities. Such security deposit shall be retained until an inspection is completed upon
the public property to ensure that there has been no damage to it as a result of the use
3.6. Prior to the beginning of the event, Licensee may be required to schedule an inspection
with Community Development and Fire Prevention and shall pay to the Village an
inspection fee as established by Ordinance. In addition, at the expiration of the
agreement, the Licensee may be required to schedule a re-inspection with Community
Development and shall pay to the Village a re-inspection fee as established by
Ordinance. The security deposit shall be retained until a re-inspection is completed upon
the public property to ensure that there has been no damage to it as a result of the use
3.7. To the fullest extent permitted by law, the licensee shall defend, indemnify and hold
harmless the Village, and its officers, boards, commissions, elected and appointed
officials, agents and employees, for any and all claims from any loss, claim, occurrence
or liability whatsoever which may be incurred or arise out of this Agreement of the
Special Commercial Event. In addition, all third party vendors participating in the
Special Commercial Event shall be required to completely release and hold harmless the
Village of Downers Grove, its officers, agents and employees from any loss, claim,
occurrence or liability whatsoever which may be incurred or arise out of this Agreement
of the Special Commercial Event. Such third party vendors shall provide written
releases to the Village not less than one week prior to the event.
3.8. Licensee shall procure and maintain proof of Dram Shop (if applicable), Workers
Compensation and General Liability Insurance in a form acceptable to the Village. Such
insurance shall be provided by carriers licensed in the State of Illinois and maintaining a
Best rating of at least A-IV. Such Dram Shop Insurance shall include coverage to the
statutory limits for the State of Illinois, but not less than Three Million Dollars
($3,000,000). Such General Liability Insurance shall include coverage for the premises,
operations, underground, collapse, explosion, products and the event, and shall name as
Additional Insureds the Village, and its officers, boards, commissions, elected and
appointed officials, agents and employees. Such insurance shall be in the amount of Five
Million Dollars ($5,000,000) per occurrence and in the aggregate covering bodily injury,
including death, and property damage. If the Licensee employs independent contractors,
Licensee shall insure that these contractors maintain appropriate levels of insurance and
that the Village is named as an additional insured under each policy. Not less than one
week prior to the event Licensee shall furnish to the Village Manager with Certificates of
Insurance evidencing all of the aforementioned types and limits of insurance to be in
effect. The insurance policies required under this Section shall be occurrence based and
shall be maintained by Licensee through the event. Each policy of insurance shall
provide that it not be canceled nor materially changed without sixty (60) days written
notice to the Village Manager. In addition to the foregoing, any and all third party
vendors participating in the Special Commercial Event shall name the Village of
Downers Grove, its officers, agents and employees as additional insured on all policies
issued in connection with the event.
3.9. The licensee shall not be permitted to sell or serve alcoholic liquor at the Special
Commercial Event except in conformance with an appropriate liquor license issued
pursuant to Chapter 3 of the Downers Grove Municipal Code.
3.10. This Agreement shall not be transferable or assignable and shall not confer any property
rights in the underlying right-of-way.
3.11. This Agreement shall be subject to the absolute and primary right of the Village to
protect the public health safety and welfare. The Village Manager may, in the Manager’s
sole discretion, order changes to the conduct of the Special Commercial Event, including
but not limited to the immediately cessation of business, and removal of any or all
equipment and facilities from the public right of way. In addition, the Village Manager
may suspend or revoke any license issued under this Section in the event it is determined
that the Licensee has failed or refused to truthfully complete the application, or if the
Licensee has failed or refused to comply with the regulations of this Section, the license
agreement or with other applicable law.
3.12. Licensee shall be subject to all rules, restrictions and directions established by the
Village Manager related to the Special Commercial Event. The Village Manager may
delegate any duty or power set forth in this section, including but not limited to, the
conduct of the informal hearing and issuance of any final order, to such person as the
Village Manager may designate.
3.13 The Village shall have the right to remove or cause the removal of any equipment,
structure or other facility of the licensee, and/or restoration of the right of way, in the
event such items are not promptly and properly removed by the licensee and/or the right
of way restored, pursuant to this Section, the license agreement or a lawful order of the
Village Manager. In such event, the Village, at its discretion, may store, sell or otherwise
dispose of such items as it deems appropriate. The licensee shall promptly reimburse the
Village for all expenses in removing storage or disposal of such items and restoring the
right of way.
3.14. Licensee shall comply with, and be subject to, the following special conditions:
a. Licensee shall be required to obtain Downers Grove Police Department
personnel to serve as security for the Special Commercial Event. The Licensee
shall be required to pay any and all costs associated with the overtime security
(1) Specifically, the Downers Grove Police Department shall provide two
(2) officers on Friday, September 25, 2009, one (1) officer on Saturday
afternoon, September 26, 2009; two (2) officers on Saturday evening,
September 26, 2009; and one (1) officer on Sunday, September 27, 2009
(totaling approximately 36 man-hours). The cost to be billed to the
Rotary is estimated at $2,000, depending on the rank of officer that signs
up for the shifts.
b. Depending upon the nature and complexity the event and as determined by the
Public Works Director, the Licensee may be required to pay any and all costs
associated with Village personnel involved in the set up, breakdown or aid rendered
to the Licensee during the course of the event which will ensure adequate traffic and
pedestrian flow. A bill may be prepared and sent to the Rotary after the conclusion
of the event.
c. Specifically, the Licensor shall loan the following items to Licensee from
September 25, 2008 to September 27, 2008, which Licensee shall be obtained by
the Licensee from the Public Works Department:
i. Up to 40 French Barricades
ii. (2) 60amp electrical distribution panels and necessary SO cords and
iii. 20-25 garbage cans for recycling and trash.
The cost for the above services is estimated at $805.
d. Depending upon the nature of the event, the Licensee may be required to obtain
approval from the DuPage County Health Department.
e. Licensee shall not interfere with pedestrian or vehicular traffic, or reduce the
open, unobstructed portion of the public sidewalk to less than five (5) feet.
4. Within seven days of the execution of this Agreement, but not later than ten days prior to Special
Commercial Event, Licensee shall pay to the Village a license fee in the amount of $ as a
condition of granting this License.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date herein
Downers Grove Rotary Club Village of Downers Grove